2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 4,
TO 2011 SENATE BILL 93
June 21, 2011 - Offered by Representatives Pasch, Bewley, Pope-Roberts,
Bernard Schaber, Richards, Turner, Roys, Zamarripa, Young, E. Coggs, D.
Cullen, Toles, Sinicki and Seidel.
At the locations indicated, amend the bill
, as shown by senate substitute 2
amendment 2, as follows:
31. Page 2, line 11
: after "officers;" insert "sales and transfers of firearms; 4
records from sales of firearms; possession of firearms by persons convicted of violent 5
offenses that are not felonies;".
20.455 (2) (gr) of the statutes is amended to read:
(gr) Handgun purchaser record
All moneys received as fee 9
payments under s. 175.35 (2i) (a)
to provide services under s. 175.35.".
175.33 of the statutes is created to read:
13175.33 Transfer of firearms; license required. (1)
In this section:
(a) "Family member" means a spouse, parent, grandparent, sibling, child, or 2
grandchild. The relationship may be by blood, marriage, or adoption.
(b) "Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
No person may sell or transfer ownership of a firearm, or purchase or obtain 5
ownership of a firearm, unless one of the following applies:
(a) The seller or transferor is a firearms dealer.
(b) The seller or transferor makes the sale or transfer to or through a firearms 8
dealer and obtains a receipt under s. 175.35 (2j) (b).
(c) The sale or transfer of ownership of the firearm is one of the transfers listed 10
under s. 175.35 (2t).
(d) The transferor is transferring ownership of the firearm to a family member 12
by gift, sale, bequest, or inheritance, the transferee is not prohibited from possessing 13
a firearm under s. 941.29, and the transferee is at least 18 years of age.
(e) The transferor is transferring ownership of the firearm with the intent that 15
the transfer be temporary, neither the transferor nor the transferee is prohibited 16
from possessing a firearm under s. 941.29, and the purpose of the transfer is not 17
prohibited by law.
Any person who intentionally violates sub. (2) is guilty of a Class G felony.
SB93-AA4, s. 35c
175.35 (title) and (1) (ag) of the statutes are amended to read:
(title) Waiting period for purchase of handguns and records for
21purchases of firearms.
(ag) "Criminal history record" includes information reported to the 23
department under s. 938.396 (2g) (n) that indicates a person was adjudicated 24
delinquent for an act that if committed by an adult in this state would be a felony or,
25if the adjudication occurred within the preceding 5 years, a violent nonfelony offense
SB93-AA4, s. 35d
175.35 (1) (bm) of the statutes is created to read:
(bm) "Violent nonfelony offense" has the meaning given in s. 941.29 3
SB93-AA4, s. 35e
175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) and 5
amended to read:
When a firearms dealer sells a handgun firearm
, he or she may not 7
transfer possession of that handgun firearm
to any other person until all of the 8following have occurred: requirements of sub. (2c) have been met.
SB93-AA4, s. 35f
175.35 (2) (a) to (d) of the statutes are renumbered 175.35 (2c) (a) 10
1. to 4., and 175.35 (2c) (a) 2. and 3., as renumbered, are amended to read:
(a) 2. The transferee has completed the notification form described 12
in sub. (2g) (b) 1
3. The firearms dealer has conveyed the information from the completed 14
notification form to the department of justice as required by rule under sub. (2g) (b) 151.
and requested a firearms restrictions record search.
When a person sells a firearm or transfers ownership of a firearm 18
through a firearms dealer, the person may not transfer possession of that firearm to 19
any person other than the firearms dealer, and the firearms dealer may not transfer 20
or authorize the transfer of possession of that firearm to any person, until all of the 21
requirements of sub. (2c) have been met. This subsection does not apply if a person 22
sells a firearm, or transfers ownership of a firearm, to a firearms dealer.
SB93-AA4, s. 35h
175.35 (2c) (a) (intro.) and (b) of the statutes are created to read:
(a) (intro.) All of the following must occur before a sale or transfer 25
of a firearm that is a handgun occurs under sub. (2) or (2b):
(b) All of the following must occur before a sale or transfer of a firearm that is 2
not a handgun occurs under sub. (2) or (2b):
1. The transferee has provided identification as required by rule under sub. (2g) 4
2. The firearms dealer has completed the notification form described in sub. 6
(2g) (b) 2. and conveyed the information from the completed notification form to the 7
department of justice as required by rule under sub. (2g) (b) 2.
SB93-AA4, s. 35i
175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 9
(intro.) and amended to read:
(b) (intro.) The department of justice shall promulgate rules 11
for use under sub. (2) requiring the (2c) (a) 2.
12and (b) 2. The department shall make the forms available at locations throughout
13the state. The form shall do all of the following:
141. If sub. (2c) (a) describes the sale or transfer, require the
transferee to provide 15
his or her name, date of birth, gender, and
and social security number
and other 16
identification necessary to permit an accurate firearms restrictions record search 17
under par. (c) 3. and the required notification under par. (c) 4.
The department of
18justice shall make the forms available at locations throughout the state.
SB93-AA4, s. 35j
175.35 (2g) (b) 2. of the statutes is created to read:
(b) 2. If sub. (2c) (a) or (b) describes the sale or transfer, require the 21
firearms dealer to provide his or her name and contact information and information 22
that identifies the firearm that was sold or transferred.
SB93-AA4, s. 35k
175.35 (2g) (c) (intro.) of the statutes is amended to read:
(c) (intro.) The department of justice shall promulgate rules for 2
firearms restrictions record searches regarding transferees under
, including procedures for all of the following:
SB93-AA4, s. 35L
175.35 (2g) (c) 4. c. of the statutes is amended to read:
(c) 4. c. If the search indicates a felony charge or a violent nonfelony
without a recorded disposition, the deadline under sub. (2) (d) (2c) (a)
is extended to the end of the 3rd complete working day commencing after the day 8
on which the finding is made. The department shall notify the firearms dealer of the 9
extension as soon as practicable. During the extended period, the department shall 10
make every reasonable effort to determine the disposition of the charge and notify 11
the firearms dealer of the results as soon as practicable.
SB93-AA4, s. 35m
175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and 13
amended to read:
(a) The department shall charge a firearms dealer a $13 fee for each 15
firearms restrictions record search that the firearms dealer requests under sub. (2)
16(c) (2c) (a) 3